Procedural Delays Stall Conviction in Medical Negligence Cases

Hyderabad: The disaster began the moment she opened her eyes to a regular morning in 2019. Instead of getting on with her usual routine, she woke up to excruciating stomach pain. Unknown, but sharp, stabbing pain. Days later, what the X-ray detected was unforgettable: a surgical scissor left in her abdomen allegedly during a previous surgery.

Maheshwari was discharged after a surgery at Nizam's Institute of Medical Sciences (NIMS) on November 12, 2019. In February, Maheshwari complained of severe pain and was rushed to NIMS again, where she was reportedly denied the X-ray report initially but the family managed to get it later. A case was registered with the Panjagutta police based on the X-ray report.

Nearly five years later, the case remains under trial. In another incident reported last week, a 17-year-old boy died while being treated for piles, in Hayathnagar. Days later, a police official said, “The case has been compromised.”

Two medical negligence cases in Telangana — one dragging through the courts for years and another recently closed after a compromise — highlight how such incidents often get derailed or remain inconclusive for years, despite FIRs and public outrage at the time of the incidents.

Police officials say delays in such cases are common because criminal prosecution requires medical expert confirmation of gross negligence before arrests or chargesheets can be made. “We need a medical board report. Without that, we cannot move forward,” a cop said, adding that securing expert panels and reviewing medical records can take weeks or months.

According to the Supreme Court’s verdict in the Jacob Mathew vs State of Punjab (2005), doctors can face criminal action only if there is clear proof of reckless treatment or a major deviation from accepted medical practice. As a result, many cases either stall during investigation or dissolve through out-of-court settlements.

Medical fraternity members feel the burden of legal proceedings is heavy for both patients and doctors. Indian Medical Association (IMA) chairman Dr Sanjeev Singh Yadav told the Deccan Chronicle, “Medical negligence cases should be examined primarily by medical councils rather than courts, as medical experts would be better at determining what actually is an error versus what could have been a complication.”

“Police and advocates cannot be medical experts. Also with so many petitions, courts and police might take very long to conclude the case. This costs both doctors and victims a lot of money, time and mental agony,” he explained.